04 ATTACHMENT 7 - Laserfiche WebLink

elected to terminate, or the expiration date of the contract term in effect on the enactment date of this chapter if no .provision_ of the agreement authorizes permissive termination;," - 2. 120 days after the effective date of the ordinance codified in this chapter. C. Any person who purchased a cigarette vending machine less.than 36 months prior.to the. -enactment of this chapter for, the purpose of using the vending machine to sell .or:distribute tobacco products exclusively within the city and who has not,. or will not have, recovered his, her'or its investment therein by the date on which discontinuance of use is required pursuant to subsection B,. may apply to the city manager for a use extension based. on financial hardship. A use extension shall be granted if the city manager, or the city manager's designee appointed to consider the application, makes. all of the:following findings: 1. That the vending machine was intended for use only within the corporate limits of. the city; 2. That the vending machine owner -has. not, or will not have recovered his, her or its investment therein before the date of required discontinuance; .3. That the vending machine owner has no practical way to recover the investment in the machine other than its continued use within the corporate limits of the city, 4.. That the investment not -yet recovered exceeds 10 percent of the actual cost of:the machine; and 5. That the vending machine will be located in.a place not accessible to minors, or if so accessible to minors, that it will be placed in a location on the premises easily viewed and supervised by the owner or responsible employee.... The length of the use extension shall not exceed that.additional. time period estimated to be necessary to allow recovery of the owner's investment;.provide.d,.however, that no use - 'extension shall be -granted which -allows the total time in'which the machine will be in use within the corporate limits of the city to exceed three years. The cigarette vending machine owner shall bear the burden of .proof on each issue. The decision of the city manager, or the I. city manager's designee, shall be final. D. This section shall not apply to any person who locates, installs, keeps, maintains.or uses, or permits -the location;installation, keeping; maintenance or use on his, her or its premises of any cigarette vending machine if persons under 18 years of age are not permitted in or on such ' premises. 9.32.035 Minimum pack size.for sale. of tobacco products —Exception for premium cigars. A. Except as provided in subsection B of this section, no person shall sell or distribute any. . tobacco products that do not meet minimum pack size: B. -Exempt from the minimum pack size requirement are-. 1. Premium cigars with a minimum cost of $10.00 -per cigar, -hand -rolled cigars or . . - cigars which. are sold at retail establishments where only persons age 21 or older are allowed: and 2. Wholesalers, or distributors to wholesalers, other distributors, and retailers. ..C. The effective.date.ofthe .minimum pack size requirement is. July 1, 2020. 9.32.0.40 Inspection by:officials..: Any and .all investigating officials of the city shall have the right to enter a business site from time to time during regular business hours to make reasonable inspections to observe and 5.